How Does State Prove DUI

Proving DUI Charges

An arrest is not a conviction. An arrest is just the beginning of a legal process that impacts your future. Obviously, your divorce lawyer will seek to get charges dismissed or reduced. In some DUI cases, the matter goes to trial. This is where your lawyer does the hard work - making it difficult for the prosecution prove you are guilty of driving under the influence.

In order for the prosecutor to obtain a guilty verdict there are two things that must be proven beyond a shadow of doubt. The two things that most be proven are that you wer under the influence, and you were in physical control of the vehicle (usually this means driving).

Under the Influence: this is usually proved by presenting blood tests and testimony of the arresting officer, jailer, or medical personnel. Officer testimony regarding the field sobriety tests can often be challenged and create doubt in the minds of jurors.

Physical Control of the Vehicle: basically comes down to whether or not the accused did, or could have easily taken, control of the vehicle to drive it. Factors that may be discussed include:

• the accused was actively driving the vehicle
• the accused was in the car and had possession of the keys
• the accused was found in the drivers seat or other seat
• whether the car was running or not

If you've been arrested for DUI we encourage you to call our DUI lawyers as soon as possible. We can answer your questions and get started on an effective DUI defense to protect your future.